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Judgment
Huluvadi G. Ramesh
This appeal is filed by the Insurer challenging the quantum of compensation swarded by the Senior Civil Judge & CJM & Additional MACT, Chitradurge, in MVC 526/2009 dated 13.4.2010.
Although notice is served on the claimant, none represents him.
Heard.
It is submitted that the appeal filed by the claimant seeking for enhancement of compensation has already been dismissed on 29.9.2011.
Learned counsel for the appellant-Insurer submits that there is no mat-union. Therefore, the disability assessed by the Tribunal at 10% is erroneous. Further, it is submitted that there is no mention of Fracture in the MLC register and the same is not reflected in the wound certificate. As such, the view taken by the Tribunal in awarding compensation on the ground of disability is erroneous.
6, On perusal of the award, it is seen the doctor has been examined and in his evidence, he has states that the claimant has sustained fracture of middle maleolus and there is disability of 20%, However, the Tribunal taking 10% disability in respect of the whole body has awarded compensation of Rs. 64,800/- towards disability.
However, in my opinion, the disability taken at 10% is on the higher side and it should have been taken between 7% to 8%. Be that as it may. Even though the amount awardes towards disability is on the higher side, that would compensate the amount awarded towards other heads. Hence, there is no scope for interference to reduce the compensation. Accordingly, the appeal is dismissed.
The amount in deposit be transferred to the Tribunal for disbursement.